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because that community smokes twice as much as the general population. the research shows the reason we smoke so much more is because of homo phobia. 90 percent of people start smoking before they are 18 years and it is during the teen years when queers face the toughest times. because of the added pressure faced by lgbt teens and the limited options they face, many more of us become smokers. add priet and many other community affairs we breathe a lot of second hand smoke. it is highly ironic
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that an event that is meant to celebrate freedom from homo phobia. how appropriate it would be for pride to openly recognize the connection between homo phobia and smoking by actively promoting pride as a smoke-free event. freedom from tobacco took a survey from pride attendees to determine how they felt about second hand smoke and although our questions were about outdoor bar palt owes the question is relevant here as well. 80 percent of the over 18 pride attendees we surveyd in 2011 said they are bothered by second hand smoke on bar patios and understand it is harmful. since the environment on an outdoor bar patio is not that different, it makes sense that
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they would also want pride to be smoke free. >> good afternoon, supervisors, my name is kimberlee long and one of the project advocates. for as long as i can remember i've been attending street events with my dad and he would allow me to go under one condition, as long as i had my inhaler. second hand smoke is a quick trigger for my asthma attacks and knowing that, it drove him nuts trying to have everything ready for me just in case. making these events smoke free will mean those who have issues breathing won't have to worry about that before. there's no safe level of secondhand smoke so i truly urge you to support this. >> thank you. if there's anyone else that would like to speak, please come forward. next speaker. >> my name is stef fan white, i am a tenant at 922 post
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street. i'm here because i understand that right now the law basically says that landlords can bar tenants from smoking in the common areas of buildings like the lobby and the hallways but it's not allowed to bar smoking in individual apartments. the problem with that is --. >> mr. white, i think that might be the next item that you want to speak on. >> i'm sorry, i thought this had to do with that. >> the smoke-free housing disclosure is the next item. >> i'm sorry, you want me to --. >> yes, if you could stick around. next speaker. >> good afternoon, supervisors. i would like to speak in opposition to this item and the reason i feel that way is that even though smoking is so much, causing so much damage, i think if we're going to single out smoking there
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should also be a concurrent discussion of banning automobiles in san francisco, banning liquor in san francisco, and banning industry in san francisco because i think those three contribute a lot more damage to san francisco citizens than smoking. the logic used that i heard earlier if you apply it to those other three different things is really more important than just singling out smoking alone. if i remember my german history, a certain dictator singled out a certain group because he thought they were responsible for whatever he thought was wrong. we should not apply that same logic here and if we're going to be consistent in our treatment of causes of problems in san francisco, we should be discussing the other three at
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the same time, namely industrial pollution, automobile and truck pollution, and dangers of overuse of alcohol. so i would say that if the previous speakers were consistent in their logic they would be speaking out for those other three items at the same time as smoking and if you're going to single one item rather than the other three, i have to remind you in good conscience that this is what adolf hitler did, he singled out a certain graup and obviously he made the wrong decision. so let's not follow that same logic. >> mr. paulson. >> (singing) you asked me if i knew my city event was true and i of course replied when you
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take an exhausting ride, smoke gets in your eyes. and i said some day we'll find a city that really shines and then i applied when you -- this clean air is mine don't let smoke get in your eyes. then some day we'll find a city that really shines and then i of course replied when a city dies smoke gets in your eyes. don't let it get in your eyes and i
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really wanted to shine and it's going to be divine, smoke gets in your eyes. don't let it. >> thank you. mr. acosta if there's anyone else that would like to speak, we're going to close public comment right after this. >> i commend you for taking the time to put this resolution and this ordinance. now, while one gentleman said he was against it, our good friend, ernestine weiss, was in shock somebody could say something like that. but that's what happens in san francisco, we allow people to express themselves. that's their prerogative. but to the young people here, and that's the way to do it. we have to leave a legacy that our young people fight what is right and do what it takes to
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make this universe a better place. in this city we have an ordinance called a precautionary principle. you know about it. basically what a precautionary principle says that we have to protect all life. and if there are any adverse impacts that they be in many of the things that have been stated here contamination, pollution, then we have to stop and reflect. and you know, supervisor, that we have ordinances that prohibit smoking at bus stops. but we have no signs. that's the least we can do, we should put signs there so that people can at least stop somewhere, at bus stops and stop smoking because that smoke -- and blow the smoke in the face of all the people in the bus stop. this is a very good ordinance.
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we have our elderly like ernestine weiss, we have our young people, that's what you have to do, come to city hall and speak your mind and speak for what is right and what is good. thank you very much. >> thank you. seeing no other public commenters, public comment is closed. colleagues, are there any questions or comments? then let me ask i think it's city attorney john gibner, we have some amendments, is that right, for this item, or was it the next item, mr. gibner. >> deputy city attorney john gibner. i believe on this item you have written amendments, on the next item you have written aamendments and some additional amendments i'd like to make orally. >> these are not substantive ones that change the numbers and each of you has a copy of them so if there are no questions on those amendments,
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actually i'm just wondering if my colleagues had any comments. supervisor wiener. >> thank you. thank you, chairman mar for authoring this legislation and for all your work around second hand smoke issues. i'm very supportive of this legislation. we need to have public places where everyone is able to use those places and you don't have some people doing things that make it harder for other people to be there. i think this moves us in that direction. i do have one question for the city attorney, i think the answer is yes but i want to make sure. my reading of the definition of outdoor event, i think would include parklets and i'm curious to know if the city attorney is in agreement. >> deputy city attorney john gibner again. yes, the definition of outdoor event would include parklets. >> even if the parklet is
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there 24/7? >> right, the park must be approved by the director of transportation under article 6, yes. >> thank you, that's a very good thing. i know there's been a little bit of ambiguity about whether parklets, whether it's already prohibited to smoke in parklets. they tend to have, some of them have signs saying no -- i think it's -- some of them already have signs saying no smoking but it's good to have legislation supporting them. >> neighborhood block parties are exempted which are sponsored by a neighborhood organization or individuals so they are not included in this legislation. so, colleagues, if there are no other questions can we take the amendments without objection? thank you. and can we pass this forward with a positive recommendation without objection? >> yes. >> thank you. >> mr. chairman.
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>> supervisor wiener. >> i stepped out for a minute around item 3 and i wonder if we could rescind that vote so i can vote in favor of item 3? >> colleagues, can we rescind item 3 without objection? miss miller, can we have another motion? we're going to support item no. 3 with a positive recommendation without objection. miss miller. >> item 6 is an ordinance amending the health code diskloeging landlord's prohibition of smoking in residential rental units. >> this item is sponsored by me. this is the smoke free
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housing disclosure policy. it's a common sense measure for maximum notification of smoke free units in our multi unit buildings. so, colleagues, i'm asking for your support. i think this is important because it's bringing together not only tenant organizations but also the landlord organizations, the san francisco apartment association, with the mission sro collaborative which was the major impetus with other tenant organizations in supporting this to create stronger public health policies and to limit second hand smoke in multi unit buildings. the hazards as we said before of second hand smoke is well documented. there's no safe exposure level, it's cancer-causing, it's toxic, it leads to thousands and thousands of deaths each year and by limiting access to second hand smoke, it's protecting people's health. also, when people live in close proximity to units where there are smokers in apartment buildings or multi unit
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buildings, they are in danger of the smoke seeping into or kind of coming into their units or common areas as well and this can result in prospective tenants really being exposed to hazardous air in their buildings. i think this is an important measure, too, that will really help prospective tenants finding out more where they may be exposed to second hand smoke but it's usually after they sign a lease right now where people find this out. so this is a measure developed jointly by the mission sro collective and the san francisco (inaudible) to make an informed decision about the unit under consideration and if it meeting their needs. this disclosure policy also benefits land lords by reducing nuisance
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complaints regarding secondhand smoke. specifically, we'll hear from some republics -- reps from the department of public health, this requires landlords disclose units as smoke free or smoking optional. no leases can be changed midway through tenancy and thanks to the tenant associations for advocating strongly. owners must include the smoking designation in the unit in the residential vacancy listings and to any applicant prior to entering into a lease agreement. no. 3, owners must provide a list to rental applicants who are offered the unit showing the designation of all units in the building that are smoking optional. this list will be updated and available to all tenants. lastly, owners of -- this is a phase in process built in. owners of smaller buildings of
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50 units or less have one year to apply and owners of 50 units or above have two years to comply. this brings san francisco into line with a number of other cities that have recently passed ordinance, oakland, belmont and novato have recently passed legislation. this ordinance would increase public awareness and really raise awareness that we need to create more smoke-free housing in our buildings and throughout our neighborhoods. the version of this ordinance that you see before you is an amendment of the whole where the requirement that land lords report both smoke free and smoking optional units has been amended to only require reporting of smoking optional units. again i want to thank the tenant organizations and apartment association for their leadership but especially
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aliana caruco from the department of public health and desiree for drafting the ordinance. with that, i'd like to ask aliana caruco to make a public presentation. >> good afternoon, supervisors, my name is aliana caruca, i'm with the department of public health and i'm tobacco free director so i'm representing the department of public health today. this policy would inform prospective tenants of which units have been designated as smoking optional. supervisor mar, you've already basically explained what the ordinance would require and i would just like to add that over the years as the public
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has become much more educated and aware of the dangers of second hand smoke we've been getting a lot more calls with tenant complaints about smoking and in particular we've seen a lot of people who have called like i remember we got a call from a mother with a brand new infant, seniors with lots of chronic diseases, people with hiv, people with cancer and heart disease, who had just moved into their apartment and had no idea they were going to be exposed to second hand smoke that was drifting from other units into their apartment and they were totally at a loss of what they could do. this is basically a right to know ordinance. this would inform prospective renters where smoking is allowed so they can make an informed decision and choose to decide on an all terp tiff if they don't want to be exposed to the second hand smoke. and supervisor mar, i think you talked a little bit about the
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2006 surgeon general's report. one thick that was in the report, even short term exposure can be dangerous to cardiovascular health. in addition to sending out letters to the building land lords and managers what our department plans to do is to do two mailings because there will be first the apartment owners with 50 or less units who will be phased in as the first phase, so we'll do a mailing to notify those owners and then subsequently on second mailing to inform the other apartment owners of the larger units and we also plan to have a web site with questions and answers and provide technical assistance. so in this way we can increase the land lords' awareness and education and really continue to have a dialogue about second
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hand smoke in multi unit housing. >> thank you so much for all the great work on this. so, colleagues, if there are no other questions, let's open this up for public comment. we have a number of tenant reps but also speakers from the apartment association and others so i wanted to first call up kendra brushman and ben from the mission sro collaborative. there are others too, i will call them as i have cards, charley goth from the apartment association, also victoria and stefan moor and also brian davis. >> i am a community organizor with the commission sro collaborate ive. the purpose is to improve livering conditions and fight for housing justice. through my work in sro hotels i've seen a
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variety of health issues that sro tenants face including secondhand smoke. when the opportunity came up for us to learn more about this, we took it. for about 6 months we surveyed 300 tenants who lived in sro's and apartments in all 11 districts to find out how much second hand smoke affected them and if they would be interested in a disclosure policy. we found 57 percent of tenants had neighbors who smoke in their units and of those people, 59 percent reported secondhand smoke drifts in their apartment. they reported having someone in their unit whose illness was made worse by secondhand smoke. many people didn't have enough information to make an informed decision about where they were moving. only 40 percent reported knowing when they moved in and 72 percent said they would want
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to know. this legislation will do three things, owners must include the smoking designation of the unit in residential vacancy unit and to any applicant prior to entering into a lease agreement. owners must provide a list to rental applicants who are offered the unit showing the designation of all units in the building that are smoking optional and the list will be updated and available to all tenants. while we took on this unit to make it safer for tenants with health problems. >> let me ask you to try to wrap up as quick as you can. >> thank you. so we've made sure that leases can't be changed mid-tenancy to
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protect tenant protection. in conclusion, the disclosure policy gives tenants an opportunity to make an informed choice. i want to thank supervisor mar and supervisor campos for sponsoring the legislation and i urge you to pass it on to the entire board with your full support. >> thank you. next speaker. >> good afternoon, supervisors, i am ben chafer, i work with kendra at the sro collaborative. when we were conducting the surveys in the summer and fall in 2011 we found the majority of people, overwhelmingly, 4 out of 5 were in favor of the disclosure policy and even confirmed smokers were in support of the policy because they were concerned about possibly contributing to go neighbors' health issues. basically the sense i got was they wanted it
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make informed choices to protect their rights as well as other people's rights in the arena of smoking. as a smoker personally i believe this policy is very important to the community because it would provide tenants both in the private apartment and the sro community to make informed decisions based on an important health issue. in conclusion we'd like you to pass the legislation both to mitigate concern and confusion city-wide about the smoking history of apartments and sro rooms, as well as making it fair and equitable to protect smokers who try to be just and fair about not smoking in places where the ordinance is in place. thank you supervisor mar and supervisor campos for your co-sponsorship of the legislation and we look forward to seeing it before the full board. >> mr. davis or miss weiss >> good afternoon again, my
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name is ernestine weiss and i congratulate you on your effort to do this, eric, but this is seriously flawed and inadequate. there's no such thing as a smoke free apartment option because when tenants get in, they are going to smoke and it's going to drift 2 apartments away and to my apartment, which has only one sliding door since it's a studio and i have to close my door and i can't have fresh air. so this is totally inadequate. we have to ban all smoking in apartments, petaluma just did it, did you read about that? other cities have done it too. this is the only way to deal with this. tenants are not going to comply even if they have the option and so forth you know they are not going to do the right thing. and it's very hard to enforce. so it does nothing to prevent
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people from having lit cigarettes on my terrace several times during my tenancy. it's dangerous, it can start fires because people store things on their terraces. it's impossible. so the only way to do this is to have the moxie to ban it entirely. please consider that. your attempt is good but that's -- it's not the answer. the answer is to ban it entirely. thank you. >> thank you. next speaker, mr. davis. >> yes, my name is brian davis from freedom from tobacco again, really here to speak more personally about my experience of having lived in an apartment space above a chain smoker who refused to go outside to smoke. he lived there for a year and that year was simply hell. i have very serious asthma and, you know, having to go spend, you know, as little time
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as i could at home but the reality is i have to sleep there, i have to eat there, and try to live my life there and it's having to spend every single moment of my life surrounded by this intense odor, living in a turn of the century building, it was seeping up very very constantly. we spoke to him, tried to get him to smoke outside, he would not do it. fortunately eventually he moved and after that time, after we put a lot of pressure on the landlord, he made the building smoke free. so this is just to speak personally as to how important this issue is and i agree with the last speaker that this is a very good first step but we need to do more. we need to make the buildings smoke free. thank you. >> thank you. next speaker, mr. gaunt. >> good afternoon, supervisors, my name is charley goss and i work with the san
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francisco apartment association in government and community affairs. i am here to speak on behalf of the legislation and thank you to supervisor mar for your sponsorship. we have been trying to address tobacco smoke in apartments for several years now and we've been trying to address it in a way that wouldn't spur evictions for tenants and wouldn't spur lawsuits for land lords. the best way to go about that legislation seemed to be a disclosure policy. the disclosure policy doesn't change any current lease agreements, it changes no current smoking policies but it's a disclosure of those policies. it's based on the right to know that if someone is going to move into an apartment they have the right to know if smoke will come into their apartment. it's not often that the landlord community and the tenant community gets to work together. in this circumstance i can say that we have a broad
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base of support. it's a commonsense piece of legislation. the landlord community is behind it, the tenant community is behind it, we've met with supervisor wiener's office as well as supervisor cohen's office and i'm here to urge you to pass this along to the full board and thank you for your sponsorship. >> thank you. thanks for your great leadership as well. >> i have a question. >> supervisor wiener. >> it's always been surprising it me that any landlords allow smoking in their buildings. if i owned a building with units in it i was renting out, i would i think just include a ban in all the leases. it damages the property, it's -- do you have a sense for if there's a trend towards that that's going to eventually take care of itself? >> i would say there's a trend toward people using smoke free leases. we want to develop a disclosure policy because you can't necessarily change a

December 10, 2012 2:30pm-3:00pm PST

TOPIC FREQUENCY San Francisco 9, Ernestine Weiss 3, John Gibner 3, Us 3, Brian Davis 2, Campos 2, Mr. Gibner 1, Mr. Paulson 1, Mar 1, Mr. Acosta 1, Desiree 1, Adolf Hitler 1, Mr. White 1, Aliana Caruco 1, Parklets 1, Weiss 1, As Long 1, Eric 1, Kendra 1, Wiener 1
Network SFGTV
Duration 00:30:00
Scanned in San Francisco, CA, USA
Source Comcast Cable
Tuner Channel 89 (615 MHz)
Video Codec mpeg2video
Audio Cocec ac3
Pixel width 528
Pixel height 480